Disposed

Smt. Durga W/O Shankar Shingadi v. Smt. Mangal Shrikant Ajgaonkar

Karnataka HC8 Sept 2018MFA/103284/2017

Case brief

AI extract

What is this about?

A Lok Adalat order dismissing a Miscellaneous First Appeal against a Motor Accident Claims Tribunal award. The court facilitated a settlement where the insurance company agreed to pay additional compensation of Rs. 2.5 lakhs to settle the claim in full and final.

What did the court decide?

Settlement of additional compensation of Rs. 2,50,000; modification of Tribunal award; disposal of the First Appeal based on the joint memo.

Smt. Durga W/O Shankar Shingadi Vs Smt. Mangal… — Motor Accident Claims | Karnataka HC (2018)

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HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD

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BEFORE THE LOK ADALATH

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2018

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CONCILIATORS PRESENT:

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HON’BLE MR.JUSTICE B.VEERAPPA

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AND

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SHRI RAVI S.BALIKAI, MEMBER

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MFA No.103284/2017 (MV) (LOK ADALAT No.953/2018)

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BETWEEN:

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SMT. DURGA W/O SHANKAR SHINGADI AGE: 44 YEARS, OCC. NIL,

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KUMAR. VINOD S/O SHNKAR SHINGADI AGE: 24 YEARS, OCC. COOLIE,

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KUMAR GAJANAN S/O SHANKAR SHINGADI AGE: 23 YEARS, OCC:STUDENT,

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KUMAR VASANT S/O SHANKAR SHINGADI AGE: 21 YEARS, OCC. STUDENT,

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ALL ARE R/O KAKATI, TQ & DIST. BELAGAVI.

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... APPELLANTS

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(BY SRI. K H BAGI, ADV.)

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AND

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SMT. MANGAL SHRIKANT AJGAONKAR AGE: 45 YEARS, OCC. NIL, R/O H.NO.1042, WARD NO.9 NEAR JANATA BANK, INCALKARANJI, TQ. HATKANNAGLE, DIST. KOLHAPUR.

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THE DIVISIONAL MANAGER THE NEW INDIA INSURANCE CO.LTD., CHANMPA BUILDING, KHADE BAZAR, BELAGAVI DIST. BELAGAVI.

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... RESPONDENTS

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(BY SRI. M.Y. KATAGI, ADV. FOR R2) (R1-DISPENSED WITH)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 3.11.2015 PASSED IN MVC NO.1009/2015 ON THE FILE OF THE X- ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned counsel for the appellants and the

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representative of Respondent-Insurance Company along

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with its counsel are present.

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After prolonged negotiations, the matter is settled. The Appellants-claimants have agreed to receive and the Respondent-Insurance Company has agreed to pay a compensation of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.

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Out of the compensation awarded, Rs.1,00,000/is ordered to be kept in fixed deposit in any nationalized bank or scheduled bank of 1^st appellant-claimant’s choice for a period of three years and she would be entitled to withdraw periodical interest. Balance of Rs.1,50,000/- is ordered to be paid to the 1^st appellantclaimant on proper identification.

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The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing

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which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit.

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The Miscellaneous First Appeal stands disposed of

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in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award

accordingly.

Sd/JUDGE

Sd/MEMBER

JTR

Smt. Durga W/O Shankar Shingadi v. Smt. Mangal Shrikant Ajgaonkar

Case brief

What is this about?

What did the court decide?

Smt. Durga W/O Shankar Shingadi v. Smt. Mangal Shrikant Ajgaonkar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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